Moses Karanja v Xplico Insurance Company Limited; Bismark Barua Chai & another (Interested Parties) [2021] KEHC 5798 (KLR)
- Court
- High Court of Kenya
- Case number
- 5798
- Citation
- [2021] KEHC 5798 (KLR)
- Decided
- 2 June 2021
The court did not join the Interested Parties as parties to the suit and did not review or set aside the ex-parte orders of stay of execution.
Facts
The Plaintiff and Interested Parties (Bismark Barua Chai and Sinamoyo Oscar Dida) are involved in a dispute over an insurance policy. The Interested Parties obtained a judgment against the Plaintiff in Kilifi SPMCC No.263 of 2015, which has not been appealed. The Plaintiff has failed to fix the suit for hearing for over a year.
Issues
- Whether the Interested Parties should be joined as parties to the suit.
- Whether the ex-parte orders of stay of execution should be reviewed and set aside.
Reasoning
The court found that the Interested Parties are not privy to the insurance contract and their presence would not assist the court in adjudicating the dispute. The court also noted that the Plaintiff has not fixed the suit for hearing for over a year.
Outcome
The application was dismissed.
Authorities cited
Legislation (3)
- Civil Procedure Act Cap 21
- Civil Procedure Rules
- Insurance (Motor vehicle 3rd Party Risk Act)
Cases cited (1)
- Trusted Society of Human Rights Alliance VS. Mumo Matemu and 5 Others [2014] eKLR
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